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That muddiness may become important to the criminal case. The charges facing Butler allege “improperly discounted concession items” that cost the city money, including the use of a still-unexplained “Kelly Discount” for concessions. McLean County First Assistant State's Attorney Adam Ghrist declined comment Friday. Prosecutors generally do not comment on pending cases, aside from their own court filings. All five defendants have pleaded not guilty. It’s unclear why the city was unable to re-evaluate the management agreement to remove the ambiguous language. The city has largely declined comment on arena issues since the criminal case was filed. In April 2014, then-Aldermen Kevin Lower and Judy Stearns wanted the city to renegotiate its contract with CIAM , using as leverage its desire to change from a professional to a junior hockey team as an anchor tenant. City administration responded by saying a council work session would be held to discuss contract issues; Stearns said that follow-up session never took place. “It seems like there’s just an awful lot of holes that have (been) allowed to exist for years,” Lower said in 2014.

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